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Research On The Supervision And Management Mechanism Of Pollutant Discharge Permit In My Countr

Posted on:2023-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y H JinFull Text:PDF
GTID:2531306797475834Subject:legal
Abstract/Summary:PDF Full Text Request
The pollutant discharge permit system belongs to the fundamental system in the domestic biophysical environment management mechanism,and plays a key role in further optimizing the environmental management mechanism of fixed pollution sources.According to the "Implementation Plan for the Control of Pollutant Discharge Permit System" issued by the General Office of the State Council in 2016,it can be known that the management concept of "one certificate" for pollutant discharge permits has been gradually implemented.Meanwhile,the reform of pollutant discharge permits is also closely following the core concept of "taking the improvement of environmental quality as the core,building this system into the core system for the management of fixed pollution source environment",and taking this system as the goal of the core system of fixed pollution source environmental management,further promotes the implementation of various reform measures.In this process,the advanced nature of the system is gradually demonstrated in practice.By the end of 2020,People’s Republic of China has basically reached the goal of "full coverage" of fixed pollution source pollution discharge permits.The promulgation of the "Regulations on the Administration of Pollution Discharge Permits" in March2021 means that the construction of a fixed pollution source supervision system centered on the pollutant discharge permit system has entered the development of the rule of law.The key of The pollutant discharge permit lies in the supervision and management after the issuance of the permit but not the issuance of the permit.Through effective supervision of licensed pollutant discharge units,assessing whether they discharge pollutants in accordance with specific requirements,and penalizing enterprises that do not discharge pollutants according to the certificate to ensure further implementation of the system.In the actual process,the supervision and management of the pollutant discharge permit system mainly involves three entities: the pollutant discharge unit,the ecological environment authority,and the public.my country’s pollutant discharge permit system has developed a multi-level supervision and management mechanism,including self-certification of pollutant discharge units to abide by the law,supervision of pollutant discharge units by the ecological environment department,and public supervision of the government and enterprises.By interpreting the relevant laws and regulations and relevant policy requirements of the pollutant discharge permit system,combined with the actual situation,this paper introduces the typical case of Baoshan City’s ineffective pollution control and the Donghe River becoming a sewage-accepting river,and sorts out the problems existing in the current monitoring and management mechanism of pollutant discharge permit: Firstly,the laws and regulations of the pollutant discharge permit system still need to be improved,which are too principled and the discretionary authority is too large;secondly,enterprises do not implement the main responsibility in place,prefer to hand over fines rather than rectification,and the quality of automatic monitoring data of some enterprises is not high.,and even falsified data;thirdly,the ecological environment department has problems such as disconnection between issuance and supervision,lack of supervision,and custody with penalties,and has not built a high-quality supervision and law enforcement team,which brings certain problems to the supervision of pollution discharge permits.challenges;finally,the public cannot effectively participate in the monitoring process of pollutant discharge permits.Through the above analysis,combined with the US pollutant discharge permit system and Japan’s pollution prevention and control administrator system,the following suggestions are put forward to improve the supervision and management mechanism of my country’s pollutant discharge permit: First,improve laws and regulations,and enhance the coordination and operability of legislation.The second is to further accelerate the implementation of the main responsibility of enterprises by encouraging enterprises to abide by the law,helping enterprises to discharge pollutants according to certificates,and increasing penalties for illegal enterprises.The third is to build a long-term linkage mechanism of evidence-based supervision,improve the quality of the approval departments to issue certificates,enhance the law enforcement capabilities of the regulatory departments,and improve the environmental protection accountability mechanism.Finally,it is necessary to strengthen the informatization construction of supervision and law enforcement to realize data sharing;strengthen public participation by inviting the public to participate in the rectification and evaluation of key pollutant discharging units.
Keywords/Search Tags:Pollution Discharge Permit, Supervision Mechanism, Corporate Responsibility
PDF Full Text Request
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